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MCU12/0023 Notice Of Submission - Renalda Joy Gorrie
,-
.. Mrs.Renalda Joy Gorrie
P.O. Box 1,
liiiiiiiii
80481244
PEREGIAN BEACH Qld. 4573
10 May 2012 C
OS
THE ASSESSMENT MANAGER cr.8
Sunshine Coast Regional Council OE
Locked Bag 72,Sunshine Coast MC Qld.4573 ..::I’
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Dear Sir,
Re: PEREGIAN BEACH CARAVAN PARK REDEVELOPMENT
Material Change of use Application NO.MCU1210023
I hereby lodge my objection again regarding the above Application
Please find attached copy of Mediation Agreement and other correspondence as
specified in my objections to Council
(1)Mediation Agreement dated 4 September 2009 in which developer accepts the
condition that there would be no outdoor dining associated with the restaurant
(2)Letter to Kerri Coyle dated 22 October 2010 confirming the requirement that there
would be no outdoor dining
(3)Email to Russell Green dated 18 January 2012 raising concerns about inappropriate
operating hours and unacceptable noise level issues associated with outdoor dining
and the external balconies facing east and south having a combined detrimental
impact
(4)Email to Mr. John Knaggs CEO dated 7 February 2012 highlighting all the noise
issues raised above and the hidden approach undertaken by the developer to have
significant amendments to the conditions kept from residents
The developer should be required to honour his agreement to exclude outdoor dining
and the Council is urged to refuse this Material Change of use Application as it will
create unacceptable levels of noise for the residents of our village
YO~ 111/(2
Mrs.Renalda Joy Gorrie
210 David Low Way
PEREGIAN BEACH Qld. 4573
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Page 2
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In the Planning and Environment Court
No 2587/08
Held at: Brisbane
Between: Seanlon Property Group Pty Ltd
Appellant
And: Sunshine Coast Regional Counc
Respondent
MEDIATION AGREEMENT
I. In an effort to further advance discussions and
hopefully reach agreement,the appellant
will produce amended plans
showing:
1.1. the southern portion ofthe site
(commercial precinct) set back 3 metres to allow for
planting in natural ground level to David Low Way and any
necessary changes to the
layout ofthe site in consequence thereof.. This may include the cabins the
__... on south
western side moving further west by
up to 3 metres subject to expert agreement as to
the effects.
I .2. deletion of610m2 ofoffice
space and conversion to low costlbudget
accommodation.
1.3. retention of 100m2 ofoffice
space.
1.4. fill to RL 3. with a habitable floor level of
4 subject to the fill being designed around
the trees as advised by the visual
amenity experts.
1.5. a detailed landscape plan for the south east
comer ofthe site showing maximum
possible landscape setbacks.
2. The appellant will provide an amended
plan by ’"
k3. The appellant will accept condition that there is
a no outdoor dining associated with the
restallllet.
4. By cl,!se ofbusiness 8 September 2009,the visual experts will
._,
complete theirjoint report.
5. By 15 September 2008.the traffic engineers will comment on the amened
plan.
6.
7.
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Page 3
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Sunshine Coast Regional Council T 0754757272
Sunshin~!_ oast , Locked Bag 72 F 07 5475 7277
Sunshine Coast Mail Centre Q 4560 [email protected]
Council Y,
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ABN 37876973913 W www.sunshinecoast.qld.gov.au
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Officer: Kerri Coyle
Direct T~ephone: 0754495266
Response Address: Locked Bag 72
Sunshine Coast Mail Centre OLD 4560
Elail: [email protected]
Our Reference: 07/1259
.. Your Reference:
22 Octob r 2010
Mrs RGorrie
PO Box 1
PERE IAN BEACH Q 4573
j
.
Deai’Mrs Gorrie
_ .
Re: Peregian Beach Caravan Park situated at David Low Way. p~regian Beach
_._
. . .
.l._..... ._ .
_ _.
I refer to ypur correspondence to Council regarding the redevelopment of the Peregian Beach .
.
Caravan Park and.apologise for the delay in responding.
In regards to the access issues you raise I confirm that traffic and vehicle ingress and egress were
not found to be major grounds for refusal and able to be.addressed through amendments to the
plans, and a reduction in floor area of traffic generating uses (offices). Similarly while pedestrian
access across David low Way was raised as a concern for not allowing commercial uses on
the site,
advised that the commercial’uses really represented
Cot,lncU’s expert planner infi" development and
the proposed visitor accommodation generated additional demand for the proposed restaurant and
~
retail uses. ~
In regard to your concerns that the plans have changed to those approved with the court order, I
advise that Council has not received any application for changes to the plans. I further confirm that
the plans approved with the court order include a 6 metre building setba k to David low Way and
substantial areas of to this frontage with mature planting to assist in integrating the
landscaping
building into the streetscape.
Conditions are included in the court order to mitigate potential noise impacts from the restaurant and
not
shops including a requirement for no outdoor dining. Further, the shops and restaurant are
tF permittedto outside the hours of Sunday to Thursday
operate 7am.to
.
10pm and Friday and Saturday
7am to 12 midnight.
I’ trust this answers your enquiries.
.
Yours faithfully,
fo Coy -
Kerri Coyle
Coordinator Planning Applications - North
~.J.7!’1)1,
Nambour Office Tewant n Office
Caloundra Office Maroochydore Office
Cor Currie and Bury Streets 9 Pelican Street
1 Omrah Avenue 11-13 Ocean Street
Nambour Q 4560 Tewantin Q 4565
Caloundra Q 4551 Maroochydore Q 4558
T 0754758501 T 07 5449 5200
T 07 !’i420 8200 T 07 5475 8501
Page 4
Hotmail Print Message Page 1 of2
FW: Peregian Beach Caravan Park redevelopment by
Scanlon Property Group No.4783/2011
From: Renalda Gorrie ([email protected])
Sent: Wednesday, 18 January 2012 4:38:06 PM
To: Russell Green ([email protected]); Kerri Coyle
([email protected]);Glen Conforti
([email protected])
From: [email protected]
To: [email protected]; [email protected];
[email protected]
Subject: Peregian Beach Caravan Park redevelopment by Scanlon Property Group No.4783/2011
Date: Wed, 18 Jan 2012 15:52:07 +1000
Dear Russell,
It is a matter of concern to me that as a co-respondent to the matter 25870f 2008 in
the Planning and Environment Court concerning the Peregian Beach Caravan Park
Site that I have received no written notification of any kind regarding the
Application to the Planning and Environment Court seeking changes to the Court
Order.
t
Any changes to allow outdoor dining,provision of east facing balconies to back .
packer units and extended trading ho rs are a major concern to me and other
..;f:-
Peregian Beach residents as all will have a detrimental noise impact.There already is
excessive noise coming from the
Hote~,especially at night. )(
In a letter to me from Kerri Coyle,~a~ed 22nd. October 2010 she states conditions
were specifically included in the original Court Order to mitigate potential noise tY
from the Restaurant and Commercial that included for ~
impacts Shops a requirement
no outdoor dining.
I also oppose any extension to the relevant period to complete the development as
the developers had already negotiated an extension to 2016.
The above changes are not considered "MINOR"
As I would like to make a timely response to the proposed changes,1 respectfully
request that full details of the changes be made available to me.I have also not
been advised of a hearing date.
Yours faithfully.
(Mrs.)Renalda Gorrie.
http://sn137w.snt137.mail.live.cornlmail/PrintMessages.aspx?cpids=8101dd2d-ef94-4... 22/01/2012
Page 5
Hotmail Print Message
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Page lof2
Application by Scanlon Property Group No.4783/11
seeking changes to the Mediation Agreement of 4
September 2009
From: Renalda Gorrie ([email protected])
Sent: Tuesday, 7 February 2012 11:12:09 AM
To: [email protected]; Russell Green ([email protected]); Kerri
Coyle ([email protected])
Mr John Knaggs,
CEO Sunshine Coast Regional Council
Dear Mr. Knaggs,
On Saturday 4 February 2012, I received some of the documents
regarding the Court hearing held in the Environment & Planning Court on
24 January 2012, for the application by Scanlon Property Group
No.4783f11 seeking changes to the Mediation Agreement of 4 September
2009.
Now the changes sought have been revealed, the developer’stactions are
exposed as antunderhandfhidden approach to keep the residents in the
dark. The changes sought are significant amendments to the conditions
agreed to by ~he developer to obtain the approval in the first place.
t
The Balconies
The 10juliettetbalconies (2facing south and 8 facing east of the David
Low Way) and the 2 larger balconies infront of Units 6 and 7t(facing east
of the David Low Way) will have atcombined detrimental noise effect on
residents.
t
The noise levelstwere taken by MWA ontthe night of Tuesday 31 January
2012 between 6.1Spm and 10.0Spm. The noise which will originate from
the balconies of this development will be a different type of noise &
higher pitched than the ambient noise measured by MWA. The amenity
here is already affected by hotel noise and this noise will add to the
detriment.
These balconies are an attempt by the developer to move from low-cost
back-packer accommodation (they were referring to it as flash-packer),
which was the basis for the approval, to more up-market and more
expensive accommodation. This change does not seem to have been
mentioned in the Court application but it changes the basis of the
development approval.
Outdoor diningt
http://snI37w.sntI37.mail.live.comlmaillPrintMessages.aspx?cpids=d24eabc9-fed3-40... 7/02/2012
Page 6
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\Iotmai!Print Message Page 2 of2
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Council opposed the outdoor.dining for noise reasons.
On 4 September 2009, in order to obtain the Council’s approval the
developer willingly conceded that outdoor dining would be prohibited.
This agreement allowed the developer to obtain approval for an internal
area of 306m2 for "Entertainment and Dining Business".
Now it seeks to obtain approval for 70m2 of outdoor dining (seating 56
persons) including 30m2 (26 persons) facing David Low Way opposite my
home.
The proposed closure of the outdoor dining area facing David Low Way at
10pm will not be enforced, especially if the other outdoor dining area is
allowed to continue to 12 midnight. The departure of diners from the
restaurant will result in on-going noise beyond 10pm until after midnight.
There is also no guarantee from the developer that there will be no
entertainment and amplified music in the three proposed Restaurants.
It is clear that the developer is not offering to do anything to reduce the
additional noise generated by the outdoor dining proposed. Once again it
ignores detrimental affect on the amenity of the area.
Car Parking
Has the Council assessed the proposed addition of 7 car parks as sufficient
for 56 additional diners or has this simply been overlooked?
The developer’s plans from Simmonds & Bristow Pty Ltd refer to the
Retail/Restaurant buildings as "Hotel/Commercial area". Will this be the
subject of the next attempt to vary the conditions agreed on 4 September
2009?
This application by the developer needs much closer investigation than
has occurred to date and has been possible given the developer’s late
provision of this material.
I hope that you can get the Court to require advertising of the application
so that closer investigation can occur.
t
Yours Sincerely,
Mrs R Gorrie
t
http://snI37w.sntI37.mail.live.comlmaillPrintMessages.aspx?cpids=d24eabc9-fed3-40... 7/02/2012
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